dissenting.
As I cannot conclude that Walton and Cedar Creek presented "an adequate agency record" for purposes of judicial review under AOPA, I respectfully dissent.
The majority has determined that Walton and Cedar Creek filed the "essential" items for judicial review of the DNR's decision. This determination is unnecessary-the General Assembly has already defined which items are essential for that review in Indiana Code section 4-21.5-3-38.
Indiana Code section 4-21.5-83-38 requires that agencies maintwain an official record of each proceeding under Indiana *969Code 4-21.5-5. Moreover, the agency record consisting of the items enumerated in Indiana Code section 4-21.5-3-83(b) "constitutes the exelusive basis for agency action in proceedings under this chapter and for judicial review of a proceeding under this chapter." Ind.Code § 4-21.5-3-33(c). Finally, Indiana Code section 4-21.5-5-13(a) requires a petitioner to transmit to the court "the original or a certified copy of the agency record[,]" not merely those portions of the record which the petitioner deems relevant.
I respectfully disagree with the majority's conclusion that this case is distinguishable from Indiana State Board of Education v. Brownsburg Community School Corporation, 813 N.E.2d 330 (Ind.Ct.App.2004). That opinion did nothing more or less than apply the clear language contained in the statutes governing judicial review of agency action. I do not believe that doing so constitutes an "overly strict reading," nor do I believe that the requirement of filing a complete agency record presents a trap or technicality.
"[WJhere a narrow statutory remedy is given, the time and manner of asserting such right must be strictly followed[.]" Shipshewana Convenience Corp. v. Bd. of Zoning Appeals of LaGrange County, 656 N.E.2d 812, 814 (Ind.1995). This court has held that the timely filing of the agency record is a condition precedent to a court acquiring jurisdiction to consider a petition for judicial review. See Brownsburg, 813 N.E.2d at 333; Clendening v. Ind. Family & Soc. Servs. Admin., 715 N.E.2d 903, 904 (Ind.Ct.App.1999); Park v. Med. Licensing Bd. of Ind., 656 N.E.2d 1176, 1179 (Ind.Ct.App.1995), trans. denied. Likewise, I believe the filing of the agency record must be complete, as required by Indiana Code section 4-21.5-5-18, in order for a court to acquire jurisdiction.
For all of these reasons, I would affirm the trial court's dismissal of the petition for judicial review.